Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

631. Alibi—Unsolicited Disclosure by the Defendant

Discovery under Rule 12.1 is a prosecution-triggered procedure for the primary benefit of the prosecutor. See United States v. Moore, 917 F.2d 215 (6th Cir. 1990), cert. denied, 499 U.S. 963 (1991). A defendant's unsolicited disclosure of an alibi or alibi witnesses should not, without government consent, trigger the government's reciprocal discovery obligations. See United States v. Braxton, 877 F.2d 556 (7th Cir. 1989); United States v. Ortega-Chavez, 682 F.2d 1086 (5th Cir. 1982).

[cited in JM 9-18.000]

Updated September 19, 2018